Supreme Court Justice Amy Coney Barrett objected to her colleagues taking on the case that led to the overturning of Roe v. Wade last year, according to a new account of how the decision was reached.
The justices first discussed the Dobbs v. Jackson Women’s Health Organization hearing in January 2021, but delayed oral arguments and a final ruling until the following year in a rare move, sources told the New York Times.
During a tense conference on January 8, in which Chief Justice John Roberts joined the three liberal justices who opposed taking up the case, Barrett threatened to reverse her initial vote in favor of hearing arguments. and reportedly told Justice Samuel Alito that “it was not time” to consider returning the abortion issue to the states.
Justice Brett Kavanaugh ultimately suggested that the Supreme Court postpone the public announcement of its decision to hear Dobbs until spring 2021, allowing it to be taken up in the next term, which began in October.
Judge Amy Coney Barrett opposed the Supreme Court hearing the case that overturned Roe v. Wade last year, according to a New York Times report. AP
Ultimately, the Kavanaugh plan was accepted, but when the court announced on May 17, 2021, that it would hear arguments in Dobbs, Barrett changed her mind anyway.
Only Alito, Kavanaugh, Neil Gorsuch and Clarence Thomas (the minimum necessary to take on a case) voted to hear Dobbs.
The “delay tactic,” as the Times report calls it, may also have been favored by Roberts and then-Justice Stephen Breyer in an attempt to dissuade Kavanaugh and Barrett from overturning Roe.
The justices debated whether to address the Dobbs v. Jackson Women’s Health Organization in January 2021, but they delayed oral arguments and a final ruling until the following year. China News Service via Getty Images
Breyer, in particular, opposed the Supreme Court’s return to the decision and hoped to convince younger conservative justices that rushing to a ruling would shake Americans’ confidence in the institution, his public statements and private comments show. shared with the Times.
Alito, the author of the Dobbs decision, had first helped delay deliberations on taking up the case in the final months of the Trump administration, when Barrett was in the process of being confirmed following the death of Justice Ruth Bader Ginsburg on the 18th. September 2020.
Barrett, President Donald Trump’s third Supreme Court nominee after Gorsuch and Kavanaugh, was widely seen as the final piece of a conservative supermajority aimed at overturning Roe.
During the tense conference meeting, Barrett threatened to reverse her vote in favor of hearing the case to postpone Dobbs. AP
The three were questioned by Senate Democrats during their confirmation process for their opinions on the historic 1973 case.
Each was careful to respond that their precedent had been reaffirmed in later rulings, although they declined to say whether they would support its reversal.
Their appointments (and the Dobbs ruling) finally fulfilled a campaign promise made by Trump during the 2016 presidential debates, when he pledged to “automatically” overturn Roe through Supreme Court nominations.
Justice Samuel Alito, who authored the decision, first helped delay deliberations on the decision in the final months of the Trump administration during Barrett’s confirmation process. REUTERS
Mississippi lawmakers passed a measure to ban most abortions after 15 weeks of pregnancy in March 2018, kicking off a years-long legal battle that culminated in the Dobbs decision.
A draft of Alito’s decision, which was endorsed within days by Gorsuch, Thomas, Barrett and Kavanaugh, in that order, was anonymously leaked to Politico in May 2022, sparking a wave of protests and threats against the conservatives of the court.
A California man flew across the country in an attempt to assassinate Kavanaugh and was later arrested outside the judge’s home in suburban Maryland carrying a gun, knife, pepper spray and burglary tools.
Barrett was appointed by President Donald Trump and confirmed in the final weeks of his administration, following the death of Justice Ruth Bader Ginsburg on September 18, 2020. The Washington Post via Getty Images A man from California flew to Washington, DC , in an attempt to assassinate Judge Brett Kavanaugh. fake images
The leak likely doomed any lingering hope by Roberts and Breyer that they could persuade their colleagues to make a narrow decision that respected both Mississippi law and Roe.
Supreme Court Marshal Gail Curley was unable to determine the identity of the draft leaker during an investigation that subjected clerks to a high degree of scrutiny while simply questioning justices and not requiring them to sign affidavits.
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Source: vtt.edu.vn